John F. Moran - Page 5

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          Federal income tax returns for the years in issue.                          
               During 1983 or 1984, petitioner and Ms. McNamara3 organized            
          the corporation.4  The corporation engaged in the business of               
          installing heavy machinery and equipment used by its customers in           
          their manufacturing businesses.  The corporation maintained a               
          business checking account at PSFS Bank.                                     
               During the years in issue, all of the outstanding shares of            
          the corporation’s common stock were held in Ms. McNamara’s name.            
          Both petitioner and Ms. McNamara considered petitioner to be at             
          least a part owner of the corporation during the years in issue.            
          Petitioner and Ms. McNamara decided to issue all of the                     
          corporation’s stock to Ms. McNamara for various business and                
          personal reasons.  Petitioner stated to respondent’s agents that            
          he and Ms. McNamara had the corporation’s common stock issued to            
          Ms. McNamara because the regulations of the union of which                  
          petitioner was a member prohibited its members from owning                  
          corporate stock.                                                            
               During the years in issue, petitioner and Ms. McNamara were            
          employees of the corporation.  Petitioner considered his position           
          in the corporation equivalent to that of a chief executive                  
          officer, and he made all significant business decisions for the             

               3 At the time the corporation was organized, Ms. McNamara              
          was known as Bonnie E. Moran.                                               
               4 The corporation also did business as Moran General                   
          Contractors, Inc.                                                           





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